Thompson v. Weems

HOLMES, Circuit Judge.

This appeal involves a controversy over the proceeds of insurance upon the life of Jim Thompson, deceased. When the certificate of insurance was issued, his niece, the appellee, was named therein as the beneficiary. After about seven years, four hours before his death, he requested his employer in writing, as his agent, to change the beneficiary from Nannie Weems (ap-pellee) to Percy Thompson (appellant).

The entire transaction was made and completed on Sunday, if it was ever completed. On a motion for summary judgment, the lower court held that the change of beneficiary…